COLDWATER — Coldwater Board of Public Utilities is planning for future utility service south of town.

But first it has to go to court to see who will provide electrical power to the planned location.

The city of Coldwater filed suit against Consumers Energy because the Jackson-based utility refuses to relinquish any right to serve the 6.2 acres purchased by the city at 231 N. Angola Road in Coldwater Township near Midwest Broadcasting.

CBPU obtained the site for future use not only for the lift station, but also an electrical substation and water tower site. The land had on it an unused pole barn with a disconnected CE pole.

Last year city manager Jeff Budd wrote to Consumers indicating the city’s intended use, but the company wrote back and refused a waiver or to relinquish any right to serve the land with power.

The suit filed by the city in Branch County Circuit Court asks for a declaratory judgement to establish the city’s right to serve its own facilities with power.

Article VII Sec 24 of the 1963 state constitution gives municipalities the right to provide utility services both inside and outside the cities. Coldwater Township granted CBPU a franchise to serve in the township where the purchased property is located back when Walmart Distribution was built and needed utility service.

The Michigan Public Service Commission does not regulate municipal utilities or decide service areas.

CE raises as a defense a Michigan Supreme Court decision from 2011 which ruled in a Saginaw case that regulated utilities are allowed "to serve all existing and future load on premises" where they have existing customers.

Coldwater claims there was no service in use at the pole barn and the city should be allowed to serve its own facilities.